[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR154.804]

[Page 310-311]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
    CHAPTER I--COAST GUARD, DEPARTMENT OF TRANSPORTATION (CONTINUED)
 
PART 154--FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK--Table of Contents
 
                    Subpart E--Vapor Control Systems
 
Sec. 154.804  Review, certification, and initial inspection.

    (a) A new vapor control system installation must be certified by a 
certifying entity as meeting the requirements of this subpart prior to 
operating.
    (b) [Reserved]
    (c) An existing vapor control system installation that has been 
Coast Guard approved for operation with specific vessels must be 
certified by a certifying entity prior to receiving vapors from other 
vessels.
    (d) Plans and information submitted to the certifying entity must 
include a qualitative failure analysis. The analysis must demonstrate 
the following:

[[Page 311]]

    (1) The vapor control system is designed to permit the system to 
continuously operate safely when receiving cargo vapors from tankships 
and barges over the full range of transfer rates expected at the 
facility;
    (2) The vapor control system is provided with the proper alarms and 
automatic control systems to prevent unsafe operation;
    (3) The vapor control system is equipped with sufficient automatic 
or passive devices to minimize damage to personnel, property, and the 
environment if an accident were to occur; and
    (4) If a quantitative failure analysis is also conducted, the level 
of safety attained is at least one order of magnitude greater than that 
calculated for operating without a vapor control system.
    Note: The American Institute of Chemical Engineers publication, 
``Guidelines for Hazard Evaluation Procedures'' may be used as guidance 
when preparing a qualitative failure analysis. Military Standard MIL-
STD-882B may be used as guidance when preparing a quantitative failure 
analysis.
    (e) The certifying entity must conduct all initial inspections and 
witness all tests required to demonstrate that the facility:
    (1) Conforms to certified plans and specifications;
    (2) Meets the requirements of this subpart; and
    (3) Is operating properly.
    (f) Upon receipt of written certification from the certifying entity 
that a facility's vapor control system complies with the requirements of 
this part the COTP shall endorse the letter of adequacy required by 
Sec. 154.325 of this part to indicate that the facility is acceptable 
for collecting vapors of crude oil, gasoline blends, benzene, or any 
other vapors for which it is certified.
    (g) Any design or configuration alteration involving a certified 
vapor control system must be reviewed by a certifying entity. After 
conducting any inspections and witnessing tests necessary to verify that 
the modified vapor control system meets the requirements of this 
subpart, the certifying entity must recertify the installation.
    (h) Certifications issued in accordance with this section and a copy 
of the plans, calculations, and specifications for the vapor control 
system must be maintained at the facility.
    (i) A certifying entity accepted under Sec. 154.806 of this subpart 
may not certify a facility vapor control system if it was involved in 
the design or installation of the system.

(Approved by the Office of Management and Budget under control number 
2115-0581)

[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by USCG-1998-3799, 
63 FR 35531, June 30, 1998]